Current through Register No. 12, March 21, 2024
(a) A board member
or its authorized designee shall conduct an inspection of the crematory
premises to ensure compliance with RSA 325-A and Frl 800 at the following
times:
(1) After the completion of
construction, but prior to the performance of cremations;
(2) Within 90 days of granting approval to
operate;
(3) At any time after
receiving approval to operate in order to determine continued
compliance;
(4) Upon notification
of ownership change; and
(5) Once
every 3 years.
(b) A
crematory owner who changes the location of his or her crematory, or who adds a
crematory away from the owner's main or primary facility, or both, or who
purchases a crematory, shall request an inspection within 10 days of the close
of the transaction or relocation and shall submit a notification to the board
which contains:
(1) The name and address of
the crematory;
(2) The telephone
number; and
(3) The name of the
crematory owner(s), manager(s), and the names of all certified crematory
operators employed by the crematory, and the date their certification
expires.
(c) Upon
notification from the applicant that the crematory for which the applicant has
requested a license is ready for inspection, the board shall conduct an
inspection pursuant to Frl 801.05.
(d) Once every 3 years, the board shall
request a crematory authority's consent to a routine inspection and if such
consent is given the board shall conduct an inspection.
(e) If a request pursuant to (d) above is
denied, or if the board determines it is necessary to conduct a surprise
inspection, the board shall obtain an administrative warrant pursuant to RSA
595-B and shall then conduct the inspection.
(f) The crematory inspection report shall
contain the following:
(1) The name of
crematory, physical address, mailing address, telephone number, fax number,
crematory e-mail, and web site address, if any;
(2) The crematory license number and date and
time of inspection;
(3) Whether the
inspection is for a new license, a renewal license, a change of ownership, or a
re-inspection;
(4) The name of the
inspector;
(5) The name of
crematory owner and manager;
(6)
The make, model, and number of cremation retorts;
(7) The name of any certified crematory
operator(s) and the date their certification expires;
(8) Whether the crematory has established
written policies and procedures in accordance with
Frl
801.11(b);
(9) Whether the crematory conform to the
requirements of New Hampshire department of environmental services, Env-A 100
through Env-A 4805, governing the control of air pollution pursuant to
Frl
801.11(c);
(10) Whether the crematory has complied with
the requirements of New Hampshire department of environmental services, Env-Sw
904 for the management of infectious waste pursuant to
Frl
801.11(d);
(11) Whether the crematory maintains a
holding facility in accordance with
Frl
801.11(e);
(12) Whether the crematory maintains a
refrigerated holding facility in accordance with
Frl
801.11(j);
(13) Whether the public access is separated
from the holding or refrigerated area pursuant to
Frl
801.11(k);
(14) Whether the cremation chambers and
retorts are maintained according to the manufacturers' specification pursuant
to
Frl
801.11(f);
(15) Whether the cremation chambers and
retorts are operational pursuant to
Frl
801.11(g);
(16) Whether the crematory maintains a
maintenance service log for each retort;
(17) Whether the crematory floors are
constructed of concrete and not covered with flammable material pursuant to
Frl 801.11(h)
(1);
(18) Whether the crematory walls and ceilings
are constructed of fireproof or fire retardant materials pursuant to
Frl 801.11(h)
(2);
(19) Whether the crematory maintains a book
of records in accordance with
Frl
801.12(f);
(20) Whether the crematory maintains copies
of the medical examiner's certificate of cremation and copies of the burial
transit permit for each cremation of human remains pursuant to
Frl
801.12(g);
(21) Whether the crematory provides a receipt
for the delivery of human remains in accordance with
Frl 801.13(d) and
(e);
(22) Whether the crematory maintains a record
of written consent to cremate in accordance with
RSA
325-A:22;
(23) The date of inspection and signature of
inspector; and
(24) The date and
signature of the crematory representative, which shall represent the crematory
representative's acknowledgement that he or she was present during the
inspection.
(g) If a
crematory meets the requirements as set forth in RSA 325-A and Frl 800, the
board shall notify the crematory of the successful inspection in
writing.
(h) Upon failure of the
crematory to meet all the requirements as set forth in RSA 325-A and Frl 800,
the board shall issue the crematory a written report of the
deficiencies.
(i) The board shall
reinspect a crematory that failed a previous inspection at the written request
of the crematory owner.
(j) If an
inspection, as described in (a) (2)-(3) above, finds violations of RSA 325-A or
Frl 800, the owner shall submit a corrective action plan in accordance with
Frl
801.09(b).